SECTION 1. Chapter 71 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding after section 38R, a new section that mandates the following:-

38S. (a) For the purposes of this section:

1) “Employer” means any Massachusetts school district, charter school or private school, including but not limited to the school committee and superintendent of any city, town, or regional school district, and a principal or other administrator, by whatever title the position be known, of a public or private school of any city, town or regional school district. 

2) “Employee” means any person employed by an employer.

3) “Job performance” includes, but is not limited to abilities, attendance, attitude, awards, demotions, disciplinary actions, duties, effort, knowledge, promotions, skills, and in the case of a former employee, the reasons for separation.

(b) An employer who in good faith provides information about a current or former employee’s job performance and professional conduct, in response to a request for a reference from a prospective employer or in response to a request from the Commissioner pursuant to the Commissioner’s licensing authority and responsibility to ensure the fitness of licensed educators, shall be immune from civil liability for the disclosure or any consequences of the disclosure.

(c) This immunity shall not apply where an employer knowingly or recklessly releases or discloses false information.